If you are about to go through a divorce with children or you are separating from the child’s other parent, here is what you need to know about the Standard Possession Order In Texas. Based on Texas Family Code 153.252, The Standard Possession Order is what the state of Texas considers the best interest of the child or children. There are many non-custodial parents who believe because their child does not live with them, that their visitation or access to the child is governed by the custodial parent. It is sad when we have a client who initially comes to us with this assumption because it is absolutely not true. Both parents have legal rights when it comes to seeing their children. The Standard Possession Order ensures both parents have rights and access to their child(ren), based on the best interest of the child.
If both parents are in agreement to a visitation schedule then either parent can have access to the child at that time, however, if the custodial parent is not in agreement to a particular visitation, then that is where the Standard Possession Order comes into effect. This order states the non-custodial parent’s rights in regard to visitation and access to their child.
Based on Texas Family Code 153.3171, when parents live within 100 miles of each other, the noncustodial parent has the right to possession:
- 1st, 3rd, and 5th weekends of every month
- Thursday evenings during the school year
- Alternating holidays, and
- An extended period of time (30 days) during summer vacation
The new expanded possession order SB1936 applies to non-custodial parents that live within 50 miles of the custodial parent, that parent’s visitation expands:
- Thursday evening school year visits are expanded to Thursday when school is released to the start of school on Friday.
- 1st, 3rd, 5th weekends of the month from when school is released on Friday to when school resumes on Monday.
- Holidays, applicable breaks, and other visitation days are also expanded to start upon the release of school on the day that visitation starts and ends at the start of school (or 8am) on the return day.
This allows the non-custodial parent more time with their child.
When the parents live more than 100 miles apart:
- The weekend schedule may be the same or reduced to one weekend per month,
- There is no mid-week visit
- Holidays are the same, and
- The non-custodial parent has the child a longer period of time (42 days) during summer vacation and every spring break.
A possession order can be ordered by a judge as part of a:
- Divorce case,
- Suit Affecting The Parent-Child Relationship (SAPCR) case,
- Paternity Case, or
- Family violence protective order case.
If you currently have a possession order that needs to be changed, you can file a modification of an order, which only a judge can change.
If you and your spouse (or soon to be ex spouse) are in agreement, you can create a visitation schedule that is conducive to what works best for you and the children. But if one party decides that the schedule no longer works for them, the other parent must be in agreement to the possession schedule, or the order must be modified in court and signed by the judge.
If you and your ex are having difficulties with the possession order or if you are concerned about the other parents following the order, it is highly advised to keep a journal of the visits and events that occur. Should you ever need to modify the orders, the journal can be beneficial to your case.
Please note, that child visitation and child support are two separate matters. For instance, if the non-custodial parent is not visiting the child when they should be, or if the custodial parent is withholding the child from the non-custodial parent, this is not grounds to stop paying child support. The child support order must still be followed until modified by the court.
If you have a fear of family violence, the law states that the judge must consider evidence of family violence when making decisions about custody, possession and access. Texas Family Code 153.004 and 153.005. If you need assistance pertaining to family violence or domestic violence, call the National Domestic Violence 24 Hour Hotline at 800-799-SAFE (7233) or if you are in immediate danger call 911. When any case involves violence, it is important to speak with an attorney about your case or situation.
Another reason you should speak with an attorney is when you are concerned about your child’s safety with the other parent. If you are concerned that visitations with the other parent could be physically or emotionally harmful to the child and you are seeking sole custody of a child with no visitation by the other parent or requesting supervised visitations for the other parent, understand this is not always permitted. There must be evidence supporting why you want to withhold visitations or request supervised visitations for the judge to consider.
If you are needing help or assistance with obtaining a possession order for your child or children, it is important to speak with a family law attorney who is experienced in handling cases involving children. The Law Office of Chad Zubi, PLLC fights for you and for your rights and we always strive to help you achieve the best outcome in your Texas family law case. We have clients who are custodial parents and non-custodial parents and we know how to help our clients with their child custody and visitation. Whether you are a custodial or non-custodial parent, we help you protect your rights. Schedule a free consultation here or give us a call at 832-777-8924. You can also email Attorney Chad Zubi at chad@chadzubi.com.
We handle all family law cases, including divorce, custody, child support, common law marriage, suit affecting parent-child relationships, paternity, modifications, family violence, and more.
We serve Harris County, Liberty County, Montgomery County, Ft. Bend County, Brazoria County, Galveston County, Polk County, San Jacinto County and other counties which surround the Houston area.
